SPPA Model Early Years Scottish Charitable Incorporated
Organisation (SCIO) Constitution
General
Type of organisation
1
The organisation will, upon registration, be a Scottish Charitable Incorporated Organisation (SCIO).
Scottish principal office
2
The principal office of the organisation is, and will remain, in Scotland.
Name
3
The name of the organisation is [insert name]…………………………….…..………………………..…[SCIO]
Purposes
4
The organisation’s purposes are:
To advance the education and social development of pre-school children with the emphasis on the play experience,
so that they become successful learners, confident individuals, responsible citizens and effective contributors, and
take a constructive place in the community and also to develop and enhance the education of their parents, carers
and other appropriate persons.
In furtherance of the above aims the group shall seek:
a
b
To provide safe and satisfying group play and learning.
To encourage other charitable activities through which the parents may support the development
of children.
Powers
5
The organisation is a member of the Scottish Pre-school Play Association (SPPA) having accepted the aims
of the Association and paid the appropriate membership subscription. The organisation has power to do anything which is calculated to further its purposes or is conducive or incidental to doing so. These may include:
a
b
c
d
e
f
g
h
i
j
k
l
6
To provide accommodation and equipment.
To raise money to pay for the group’s activities, including fixing and collecting fees payable for children attending the group.
To purchase, take on lease, hire, or otherwise acquire, any property or rights which are suitable for the group’s activities.
To improve, manage, develop, or otherwise deal with, all or any part of the property and rights of the group.
To sell, let, hire out, license, or otherwise dispose of, all or any part of the property and rights of the
group.
To borrow money, and to give security in support of any such borrowings by the group.
To employ such staff as are considered appropriate for the proper conduct of the group’s activities.
To engage consultants and advisers as are considered appropriate from time to time.
To effect insurance of all kinds.
To invest any funds which are not immediately required for the group’s activities in such investments as may be considered appropriate (and to dispose of, and vary, such investments).
To liaise with other voluntary sector bodies, local authorities, UK or Scottish government departments and agencies, and other bodies, all with a view to furthering the groups objects.
As a member of SPPA, send a representative to vote at the national SPPA Annual General Meeting.
Scottish Pre-school Play Association
Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
m
n
To accept grants, donations and legacies of all kinds (and to accept any reasonable conditions attached to them).
To do anything which is necessary or desirable to enable the group to achieve its objects.
6
No part of the income or property of the organisation may be paid or transferred (directly or indirectly) to the members - either in the course of the organisation’s existence or on dissolution - except where this is done in direct furtherance of the organisation’s charitable purposes.
Liability of members
7
The members of the organisation have no liability to pay any sums to help to meet the debts (or other liabilities) of the organisation if it is wound up; accordingly, if the organisation is unable to meet its debts, the members will not be held responsible.
8
The members and charity trustees have certain legal duties under the Charities and Trustee Investment (Scotland) Act 2005; and clause 7 does not exclude (or limit) any personal liabilities they might incur if they are in breach of those duties or in breach of other legal obligations or duties that apply to them personally.
General structure
9
The structure of the organisation consists of:
9.1
the MEMBERS - who have the right to attend members' meetings (including any annual general meeting) and have important powers under the constitution; in particular, the members appoint people to serve on the board and take decisions on changes to the constitution itself;
9.2
the BOARD - who hold regular meetings, and generally control the activities of the organisation; for example, the board is responsible for monitoring and controlling the financial position of the organisation.
10
The people serving on the board are referred to in this constitution as CHARITY TRUSTEES.
Members
Qualifications for membership
11
Membership is open to any individual aged 16 or over who is
•
the parent or guardian of a child either on the attendance register or on the group waiting list or a registered childminder or adult family carer who regularly accompanies a child on the register (one representative per family)
•
a person who has an expertise which would be of assistance to the board of trustees or who represent outside bodies with which the group has close contact.
12
Employees of the organisation are not eligible for membership except where their child attends the group. They are not entitled to vote at members’ meetings however.
Application for membership
13
Any person who wishes to become a member must sign a written application for membership; in most cases this will be the application to enrol a child into the group. The application will then be considered by the board at its next board meeting.
14
The board may, at its discretion, refuse to admit any person to membership.
15
The board must notify each applicant promptly (in writing or by e-mail) of its decision on whether or not to admit him/her to membership.
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Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
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Membership subscription
16
No membership subscription will be payable.
Register of members
17
The board must keep a register of members, setting out
17.1
for each current member: his/her full name and address; and the date on which he/she was registered as a member of the organisation;
17.2
for each former member - for at least six years from the date on he/she ceased to be a member:
17.2.1
his/her name; and the date on which he/she ceased to be a member.
18
The board must ensure that the register of members is updated within 28 days of any change which arises from a resolution of the board or a resolution passed by the members of the organisation; or which is notified to the organisation.
19
If a member or charity trustee of the organisation requests a copy of the register of members, the board must ensure that a copy is supplied to him/her within 28 days, providing the request is reasonable; if the request is made by a member (rather than a charity trustee), the board may provide a copy which has the addresses blanked out.
Withdrawal from membership
20
Any person who wants to withdraw from membership must give a written notice of withdrawal to the organisation, signed by him/her; he/she will cease to be a member as from the time when the notice is received by the organisation.
Transfer of membership
21
Membership of the organisation may not be transferred by a member.
Re-registration of members
22
The board may, at any time, issue notices to the members requiring them to confirm that they wish to remain as members of the organisation, and allowing them a period of 28 days (running from the date of issue of the notice) to provide that confirmation to the board.
23
If a member fails to provide confirmation to the board (in writing or by e-mail) that he/she wishes to remain as a member of the organisation before the expiry of the 28-day period referred to in clause 22, the board may expel him/her from membership.
24
A notice under clause 22 will not be valid unless it refers specifically to the consequences (under clause 23) of failing to provide confirmation within the 28-day period.
Expulsion from membership
25
Any person may be expelled from membership by way of a resolution passed by not less than two thirds of those present and voting at a members' meeting, providing the following procedures have been observed:
25.1
at least 21 days’ notice of the intention to propose the resolution must be given to the member concerned, specifying the grounds for the proposed expulsion;
25.2
the member concerned will be entitled to be heard on the resolution at the members' meeting at which the resolution is proposed.
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Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
Decision Making by the Members
Members’ meetings
26
The board must arrange a meeting of members (an annual general meeting or "AGM") in each calendar year. The AGM will take place in …………………………(insert month).
27
The gap between one AGM and the next must not be longer than 15 months.
28
Notwithstanding clause 26, an AGM does not need to be held during the calendar year in which the
organisation is formed; but the first AGM must still be held within 15 months of the date on which the organisation is formed.
29
The business of each AGM must include:
29.1
a report by the chair on the activities of the organisation;
29.2
consideration and approval of the annual accounts of the organisation;
29.3
the appointment of an independent financial examiner or where deemed necessary, auditor
29.4
setting the fees paid for children attending the group where applicable
29.5
the election/re-election of charity trustees, as referred to in clauses 58 to 61.
30
The board may arrange a special members' meeting at any time.
Power to request the board to arrange a special members’ meeting
31
The board must arrange a special members’ meeting if they are requested to do so by a notice (which may take the form of two or more documents regarding the same topic/issue, each signed by one or more members) by members who amount to 5% or more of the total membership of the organisation at the time, providing:
31.1
the notice states the purposes for which the meeting is to be held; and
31.2
those purposes are not inconsistent with the terms of this constitution, the Charities and Trustee (Investment) Scotland Act 2005 or any other statutory provision.
32
If the board receive a notice under clause 31, the date for the meeting which they arrange in accordance with the notice must not be later than 28 days from the date on which they received the notice.
Notice of members’ meetings
33
At least 14 clear days’ written notice must be given of any AGM or any special members' meeting.
34
The notice calling a members' meeting must specify in general terms what business is to be dealt with at the meeting; and
34.1
in the case of a resolution to alter the constitution, must set out the exact terms of the proposed alteration(s); or
34.2
in the case of any other resolution falling within clause 45 (requirement for two-thirds majority) must set out the exact terms of the resolution.
35
The reference to “clear days” in clause 33 shall be taken to mean that, in calculating the period of notice,
35.1
the day after the notices are posted (or sent by e-mail) should be excluded; and
35.2
the day of the meeting itself should also be excluded.
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36
Notice of every members' meeting must be given to all the members of the organisation, and to all the charity trustees; but the accidental omission to give notice to one or more members will not invalidate the proceedings at the meeting.
37
Any notice which requires to be given to a member under this constitution must be:
37.1
sent by post to the member, at the address last notified by him/her to the organisation; or
37.2
sent by e-mail to the member, at the e-mail address last notified by him/her to the organisation.
Procedure at members’ meetings
38
No valid decisions can be taken at any members' meeting unless a quorum is present.
39
The quorum for a members' meeting is one quarter of the total membership, present in person.
40
If a quorum is not present within 15 minutes after the time at which a members' meeting was due to
start, or if a quorum ceases to be present during a members' meeting, the meeting shall stand adjourned to such time and place as may be fixed by the chairperson of the meeting to deal with the business (or remaining business) which was intended to be conducted.
41
The chair of the organisation or their nominated deputy, should act as chairperson of each members' meeting.
42
If the chair of the organisation is not present within 15 minutes after the time at which the meeting was due to start (or is not willing to act as chairperson), the charity trustees present at the meeting must elect (from among themselves) the person who will act as chairperson of that meeting.
Voting at members’ meetings
43
Every member has one vote, which must be given personally.
44
All decisions at members' meetings will be made by majority vote - with the exception of the types of resolution listed in clause 45.
45
The following resolutions will be valid only if passed by not less than two thirds of those voting on the resolution at a members’ meeting (or if passed by way of a written resolution under clause 49):
45.1
a resolution amending the constitution;
45.2
a resolution expelling a person from membership under article 25;
45.3
a resolution directing the board to take any particular step (or directing the board not to take any particular step);
45.4
a resolution approving the amalgamation of the organisation with another SCIO (or approving the constitution of the new SCIO to be constituted as the successor pursuant to that amalgamation);
45.5
a resolution to the effect that all of the organisation’s property, rights and liabilities should be transferred to another SCIO (or agreeing to the transfer from another SCIO of all of its property, rights and liabilities);
45.6
a resolution for the winding up or dissolution of the organisation.
46
If there is an equal number of votes for and against any resolution, the chairperson of the meeting will be entitled to a second (casting) vote.
47
A resolution put to the vote at a members' meeting will be decided on a show of hands, unless the chairperson (or at least two other members present at the meeting) ask for a secret ballot.
48
The chairperson or vice-chairperson will decide how any secret ballot is to be conducted, and he/she will declare the result of the ballot at the meeting.
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Written resolutions by members
49
A resolution agreed to in writing (or by e-mail) by all the members will be as valid as if it had been passed at a members’ meeting; the date of the resolution will be taken to be the date on which the last member agreed to it.
Minutes
50
The board must ensure that proper minutes are kept in relation to all members' meetings.
51
Minutes of members' meetings must include the names of those present; and (so far as possible) should be signed by the chairperson of the meeting.
52
The board shall make available copies of the minutes referred to in clause 50 to any member of the public requesting them; but on the basis that the board may exclude confidential material to the extent permitted under clause 96.
Board (Charity Trustees)
Number of charity trustees
53
The maximum number of charity trustees is 12; out of that, no more than 2 shall be charity trustees who were co-opted under the provisions of clauses 61A and 61B.
54
The minimum number of charity trustees is 3.
Eligibility
55
A person shall not be eligible for election/appointment to the board under clauses 58 to 61 unless he/she is a member of the organisation; a person appointed to the board under clause 61A need not, however, be a member of the organisation.
56
A person will not be eligible for election or appointment to the board if he/she is:
56.1
disqualified from being a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005; or
56.2
an employee of the organisation.
Initial charity trustees
57
The individuals who signed the charity trustee declaration forms which accompanied the application for incorporation of the organisation, shall be deemed to have been appointed by the members as charity trustees, with effect from the date of incorporation of the organisation.
Election, retiral, re-election
58
At each AGM, the members may elect by a vote any member (unless he/she is debarred from membership under clause 55) to be a charity trustee.
59
The board may at any time appoint any member by assigning them officially (unless he/she is debarred from membership under clause 55) to be a charity trustee.
60
At each AGM, all of the charity trustees elected/appointed under clauses 58 and 59 shall retire from office, but shall then be eligible for re-election.
61
A charity trustee retiring at an AGM will be deemed to have been re-elected unless:
61.1
he/she advises the board prior to the conclusion of the AGM that he/she does not wish to be re-appointed as a charity trustee; or
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61.2
an election process was held at the AGM and he/she was not among those elected/re-elected through that process; or
61.3
a resolution for the re-election of that charity trustee was put to the AGM and was not carried.
Appointment/re-appointment of co-opted charity trustees
61A In addition to their powers under clause 59, the board may at any time appoint or co-opt any non-member of the organisation to be a charity trustee (subject to clause 53) either on the basis that he/she has been nominated by a body with which the organisation has close contact in the course of its activities, or on the basis that he/she has specialist experience and/or skills which could be of assistance to the board.
61B At each AGM, all of the charity trustees appointed under clause 61A shall retire from office, but shall then be eligible for re-appointment under that clause.
Termination of office
62
A charity trustee will automatically cease to hold office if: -
62.1
he/she becomes disqualified from being a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005;
62.2
he/she becomes incapable for medical reasons of carrying out his/her duties as a charity trustee, but only if that has continued (or is expected to continue) for a period of more than six months;
62.3
in the case of a charity trustee elected/appointed under clauses 58 to 61 he/she ceases to be a member of the organisation;
62.4
he/she becomes an employee of the organisation;
62.5
he/she gives the organisation a notice of resignation, signed by him/her;
62.6
he/she is absent (without good reason, in the opinion of the board) from more than three consecutive meetings of the board, but only if the board resolves to remove him/her from office;
62.7
he/she is removed from office by resolution of the board on the grounds that he/she is considered to have committed a material breach of the code of conduct for charity trustees (as referred to in clause 79);
62.8
he/she is removed from office by resolution of the board on the grounds that he/she is considered to have been in serious or persistent breach of his/her duties under section 66(1) or (2) of the Charities and Trustee Investment (Scotland) Act 2005; or
62.9
he/she is removed from office by a resolution of the members passed at a members’ meeting.
63
A resolution under paragraph 62.7, 62.8 or 62.9 shall be valid only if:
63.1
the charity trustee who is the subject of the resolution is given reasonable prior written notice of the grounds upon which the resolution for his/her removal is to be proposed;
63.2
the charity trustee concerned is given the opportunity to address the meeting at which the resolution is proposed, prior to the resolution being put to the vote; and
63.3
in the case of a resolution under paragraph 62.7 or 62.8 at least two thirds (to the nearest round number) of the charity trustees then in office (excluding the trustee whose office may be terminated) voting in favour of the resolution.
Register of charity trustees
64
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The board must keep a register of charity trustees, setting out:
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Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
64.1
for each current charity trustee, his/her full name and address, and the date on which he/she was appointed as a charity trustee; and any office held by him/her in the organisation;
64.2
for each former charity trustee, for at least 6 years from the date on which he/she ceased to be a charity trustee, the name of the charity trustee, any office held by him/her in the organisation; and the date on which he/she ceased to be a charity trustee.
65
The board must ensure that the register of charity trustees is updated within 28 days of any change which arises from a resolution of the board or a resolution passed by the members of the organisation; or which is notified to the organisation.
66
If any person requests a copy of the register of charity trustees, the board must ensure that a copy is
supplied to him/her within 28 days, providing the request is reasonable; if the request is made by a person who is not a charity trustee of the organisation, the board may provide a copy which has the addresses
blanked out - if the SCIO is satisfied that including that information is likely to jeopardise the safety or security of any person or premises.
Office-bearers
67
The charity trustees must elect (from among themselves) a chair, a treasurer and a secretary.
68
In addition to the office-bearers required under clause 67, the charity trustees may elect (from among themselves) further office-bearers if they consider that appropriate.
69
All of the office-bearers will cease to hold office at the conclusion of each AGM, but may then be re-elected under clause 67 or 68.
70
A person elected to any office will automatically cease to hold that office:
70.1
if he/she ceases to be a charity trustee; or
70.2
if he/she gives to the organisation a notice of resignation from that office, signed by him/her.
Powers of board
71
Except where this constitution states otherwise, the organisation (and its assets and operations) will be managed by the board; and the board may exercise all the powers of the organisation.
72
A meeting of the board at which a quorum is present may exercise all powers exercisable by the board.
73
The members may, by way of a resolution passed in compliance with clause 45 (requirement for two-thirds majority), direct the board to take any particular step or direct the board not to take any particular step; and the board shall give effect to any such direction accordingly.
Charity trustees - general duties
74
Each of the charity trustees has a duty, in exercising functions as a charity trustee, to act in the interests of the organisation; and, in particular, must:
74.1
seek, in good faith, to ensure that the organisation acts in a manner which is in accordance with its purposes;
74.2
act with the care and diligence which it is reasonable to expect of a person who is managing the affairs of another person;
74.3
in circumstances giving rise to the possibility of a conflict of interest between the organisation and any other party:
74.3.1 put the interests of the organisation before that of the other party;
74.3.2 where any other duty prevents him/her from doing so, disclose the conflicting interest to the organisation Scottish Pre-school Play Association
Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
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and refrain from participating in any deliberation or decision of the other charity trustees with regard to the matter in question;
74.4
ensure that the organisation complies with any direction, requirement, notice or duty imposed under or by virtue of the Charities and Trustee Investment (Scotland) Act 2005.
75
In addition to the duties outlined in clause 74, all of the charity trustees must take such steps as are reasonably practicable for the purpose of ensuring:
75.1
that any breach of any of those duties by a charity trustee is corrected by the charity trustee concerned and not repeated; and
75.2
that any trustee who has been in serious and persistent breach of those duties is removed as a trustee.
76
Provided he/she has declared his/her interest - and has not voted on the question of whether or not the
organisation should enter into the arrangement - a charity trustee will not be debarred from entering into an arrangement with the organisation in which he/she has a personal interest; and (subject to clause 77 and to the provisions relating to remuneration for services contained in the Charities and Trustee Investment (Scotland) Act 2005), he/she may retain any personal benefit which arises from that arrangement.
77
No charity trustee may serve as an employee (full time or part time) of the organisation; and no charity trustee may be given any remuneration by the organisation for carrying out his/her duties as a charity trustee.
78
The charity trustees may be paid all travelling and other expenses reasonably incurred by them in connection with carrying out their duties; this may include expenses relating to their attendance at meetings.
Code of conduct for charity trustees
79
Each of the charity trustees shall comply with the code of conduct (incorporating detailed rules on conflict of interest) prescribed by the board from time to time.
80
The code of conduct referred to in clause 79 shall be supplemental to the provisions relating to the conduct of charity trustees contained in this constitution and the duties imposed on charity trustees under the Charities and Trustee Investment (Scotland) Act 2005; and all relevant provisions of this constitution shall
be interpreted and applied in accordance with the provisions of the code of conduct in force from time to time
Decision Making by the Charity Trustees
Notice of board meetings
81
Any charity trustee may call a meeting of the board or ask the secretary to call a meeting of the board.
82
At least 7 days' notice must be given of each board meeting, unless (in the opinion of the person calling the meeting) there is a degree of urgency which makes that inappropriate.
Procedure at board meetings
83
No valid decisions can be taken at a board meeting unless a quorum is present; the quorum for board meetings is a third of the charity trustees, present in person. A minimum of three trustees is required.
84
If at any time the number of charity trustees in office falls below the number stated as the quorum in clause 83, the remaining charity trustee(s) will have power to fill the vacancies or call a members' meeting, but will not be able to take any other valid decisions.
85
The chair of the organisation, or their nominated deputy, should act as chairperson of each board meeting.
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86
If the chair is not present within 15 minutes after the time at which the meeting was due to start (or is not willing to act as chairperson), the charity trustees present at the meeting must elect (from among themselves) the person who will act as chairperson of that meeting.
87
Every charity trustee has one vote, which must be given personally.
88
All decisions at board meetings will be made by majority vote.
89
If there is an equal number of votes for and against any resolution, the chairperson of the meeting will be entitled to a second (casting) vote.
90
The board may after discussion and at its discretion, allow any person to attend and speak at a board meeting notwithstanding that he/she is not a charity trustee, but on the basis that he/she must not participate in decision making. This includes staff members who may be invited to attend to meetings to provide information to the board.
91
A charity trustee must not vote at a board meeting (or at a meeting of a sub-committee) on any resolution which relates to a matter in which he/she has a personal interest or duty which conflicts (or may conflict) with the interests of the organisation; he/she must withdraw from the meeting while an item of that nature is being dealt with.
92
For the purposes of clause 91:
92.1
an interest held by an individual who is “connected” with the charity trustee under section 68(2) of the Charities and Trustee Investment (Scotland) Act 2005 (husband/wife, partner, child, parent, brother/sister etc) shall be deemed to be held by that charity trustee;
92.2
a charity trustee will be deemed to have a personal interest in relation to a particular matter if a body in relation to which he/she is an employee, director, member of the management committee, officer or elected representative has an interest in that matter.
Minutes
93
The board must ensure that proper minutes are kept in relation to all board meetings and meetings of sub-
committees.
94
The minutes to be kept under clause 93 must include the names of those present; and (so far as possible) should be signed by the chairperson of the meeting.
95
The board shall (subject to clause 96) make available copies of the minutes referred to in clause 93 to any member of the public requesting them.
96
The board may exclude from any copy of minutes made available to a member of the public under clause 95, any material which the board considers ought properly to be kept confidential - on the grounds that allowing access to such material could cause significant prejudice to the interests of the organisation or on the basis that the material contains reference to an employee, member or child or other matters which it would be inappropriate to divulge.
Administration
Delegation to sub-committees
97
The board may delegate any of their powers to sub-committees; a sub-committee must include at least one charity trustee, but other members of a sub-committee need not be charity trustees.
98
The board may also delegate to the chair of the organisation (or the holder of any other post) such of their powers as they may consider appropriate.
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99
When delegating powers under clause 97 or 98, the board must set out appropriate conditions (which must include an obligation to report regularly to the board).
100
Any delegation of powers under clause 97 or 98 may be revoked or altered by the board at any time.
101
The rules of procedure for each sub-committee, and the provisions relating to membership of each sub-
committee, shall be set by the board.
Operation of accounts
102
Subject to clause 103, the signatures of two out of three/four signatories appointed by the board will be required in relation to all operations (other than the lodging of funds) on the bank and building society accounts held by the organisation; at least one out of the two signatures must be the signature of a charity trustee.
103
Where the organisation uses electronic facilities for the operation of any bank or building society account, the authorisations required for operations on that account must be consistent with the approach reflected in clause 102.
Accounting records and annual accounts
104
The board must ensure that proper accounting records are kept, in accordance with all applicable statutory requirements. At each trustee meeting, the treasurer will present an up to date written statement of accounts. Bank statements should also be available for inspection.
105
The board must prepare annual accounts, complying with all relevant statutory requirements; if an audit is required under any statutory provisions (or if the board consider that an audit would be appropriate for some other reason), the board should ensure that an audit of the accounts is carried out by a qualified auditor. In most smaller charities the books should be inspected by an independent capable examiner.
MIscellaneous
Winding-up
106
If the organisation is to be wound up or dissolved, the winding-up or dissolution process will be carried out in accordance with the procedures set out under the Charities and Trustee Investment (Scotland) Act 2005.
107
Any surplus assets available to the organisation immediately preceding its winding up or dissolution must be used for purposes which are the same as - or which closely resemble - the purposes of the organisation as set out in this constitution. Assets may be transferred to the Scottish Pre-school Play Association with its charitable objects; the identity of the body or bodies to which such assets are transferred shall be determined by the members.
Alterations to the constitution
108
This constitution may (subject to clause 109) be altered by resolution of the members passed at a members’ meeting (subject to achieving the two thirds majority referred to in clause 45) or by way of a written resolution of the members.
109
The Charities and Trustee Investment (Scotland) Act 2005 prohibits taking certain steps (eg change of name, an alteration to the purposes, amalgamation, winding-up) without the consent of the Office of the Scottish Charity Regulator (OSCR).
Interpretation
110
References in this constitution to the Charities and Trustee Investment (Scotland) Act 2005 should be taken to include:
110.1
any statutory provision which adds to, modifies or replaces that Act; and
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110.2
any statutory instrument issued in pursuance of that Act or in pursuance of any statutory provision falling under paragraph 110.1 above.
111
In this constitution:
111.1
“charity” means a body which is either a “Scottish charity” within the meaning of section 13 of the Charities and Trustee Investment (Scotland) Act 2005 or a “charity” within the meaning of section 1 of the Charities Act 2006, providing (in either case) that its objects are limited to charitable purposes;
111.2
“charitable purpose” means a charitable purpose under section 7 of the Charities and Trustee Investment (Scotland) Act 2005 which is also regarded as a charitable purpose in relation to the application of the Taxes Acts.
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Model Constitution for an Early Years Scottish Charitable Incorporated Organisation (SCIO)
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Scottish Pre-school Play Association. July 2011
The Scottish Pre-school Play Association is a company limited by guarantee, registered in Scotland No.
86932.Registered office at: SPPA Centre, 21-23 Granville street, Glasgow G3 7EE Tel: 0141 221 4148
Fax: 0141 221 6043 Email: [email protected] Website: www.sppa.org.uk